Are rural neighborhood disputes based on civil law? How to define it?

The state has national laws, the state has national laws, and everyone in each township has township rules and people. In the case of a small dispute between neighbors, town and village cadres and rural people's mediators need to immediately do a good job of negotiation, which can have the effect of turning small things into small things and turning big things into small ones, and carry out publicity and promotion of laws and regulations in rural areas, so that every Chinese citizen must learn legal knowledge and be qualified citizens who understand the law, respect the law, and abide by the law. If a small dispute cannot be resolved in a timely manner, a larger dispute may occur, and some people may even violate the law.

Civil disputes in the countryside have always been based on the sophistication of the people to distinguish, naturally if the dispute case can not be resolved, it rises to the situation of litigation, there is no doubt that the civil code is the basis, but according to the work experience, civil disputes are very rarely resorted to the court, the general civil disputes are all handled by the internal structure of the big family, it is difficult to solve the problem to find the villagers' committee to deal with, the villagers' committee is difficult to solve, find the town's ** to undertake the operation of judicial mediation to deal with, and then it is difficult to solve it before resorting to the people's court. However, in many cases, disputes cannot be handled and are left idle.

The first choice is the more prestigious people in the big family, who understand the details of the situation in the village and the historical problems of the masses, and if there is direct evidence and witnesses, they can generally deal with it. The overall goal of dealing with things is to finally have a well-founded and agreeable axiom, and to give way to each other. If the defendant side of each other does not listen to the persuasion, then find the villager committee or the town ** at the next level, and no matter how difficult it is to solve the problem, they will ignore each other.

However, because there are blood relations within the village and in the neighborhood, the situation of legal means is relatively small. Most of the civil disputes in the countryside are the daily chores of some parents. Such trivial matters are usually not covered by national law, and can generally be dealt with with by a third party, and then obviously handled by the local villagers' committee through consultation.

The problem of neighboring rights in the Civil Code is very complicated to solve, so I just give a scientific idea. If a neighbor pours concrete and builds a fence on his own rural homestead, he can, but he can't infringe on the neighboring rights of others.

Yes, definitely. It must be judged in accordance with the Civil Code, so that it can be resolved fairly and justly.

Neighborhood disputes should be based on the Civil Code of the People's Republic of China, and disputes generally belong to the civil scope, as long as no substantial harm is caused, mediation is the main one.

Neighborhood disputes can be based on civil law or criminal law, and are defined according to the subject of responsibility and the nature of the incident.

1. What department should be used to resolve disputes between rural neighbors?

1. Civil disputes depend on the situation

1) Neighborhood disputes should be resolved with the sub-district office and village community cadres first, because the sub-district office and village community cadres can easily figure out the right and wrong reasons, and they are familiar with the people, and they can generally be resolved;

2) If the cadres of the sub-district office and village community fail to mediate well, they can find the local police station to solve the problem, but if the solution is not good, they can file a lawsuit with the court.

2. Legal basis: Article 17 of the Law of the People's Republic of China on Public Security Administration Punishments.

The parties may apply to the People's Mediation Committee for mediation; The people's mediation committee may also take the initiative to mediate. Where one of the parties expressly refuses to mediate, mediation shall not be permitted.

Article 18. Basic level people's courts and public security organs may inform the parties to apply to the people's mediation committee for mediation before accepting a dispute that is suitable for resolution through people's mediation.

Article 19. As needed to mediate disputes, the people's mediation committee may designate one or more people's mediators to conduct mediation, and the parties may also select one or more people's mediators to conduct mediation.

2. Ways to resolve neighborhood disputes.

Neighborhood disputes can be resolved in the following ways:

1. Resolve the issue through friendly consultation. Take out the courage to pursue "harmony", empathize more, push the people who have reached them, and think about problems and actions from the position of the other party;

When you really can't solve it, you can ask for help from ** and the organization, and don't escalate into a fight.

2. Solve the problem through various mediations;

3. Solve the problem through the police station;

Many people usually go to the police station to solve the problem after encountering a neighborhood dispute, and the public security department will make a corresponding decision according to the actual situation and nature of the dispute and in accordance with the relevant laws and regulations of our country;

4. Conduct civil litigation to resolve.

Legal analysis: 1. Neighborhood disputes should be resolved with the sub-district office and village community cadres first, because the sub-district office and village community cadres can easily figure out the right and wrong reasons, and they are familiar with the people, and they can generally be resolved;

2) If the cadres of the sub-district office and village community fail to mediate well, they can find the local police station to solve the problem, but if the solution is not good, they can file a lawsuit with the court.

3. First the sub-district office, the village community cadres, then the local police station, and finally the court, is the "three steps" to resolve neighborhood disputes.

Legal basis: Several Provisions of the Lu Gao Law on Civil Pre-litigation Mediation Procedures (Provisional) Article 2: The application of pre-litigation mediation procedures shall follow the principles of voluntariness and legality, mediation priority, honesty and credibility, convenience and efficiency, and standardization and orderliness.

Some solutions to neighborhood disputes are: 1. The parties resolve their disputes through negotiation; 2. There are three people or neutral institutions such as neighborhood committees to mediate their neighborhood disputes; 3. An arbitration institution can be selected to settle the matter by arbitration; 4. The third party may report to the police and request the public security organ to mediate; 5. Filing a lawsuit with the people's court for settlement.

Article 3 of the Civil Procedure Law: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships. Article 9 of the "Public Security Administration Punishment Law" The public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, where the circumstances are relatively minor. Where the public security organs mediate and the parties reach an agreement, punishment is not to be given.

Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.

In the event of a dispute over farmland in rural areas, the parties may negotiate with the other party or request the villagers' committee or township people's ** to mediate and resolve it; If the negotiation or mediation fails, and the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, the parties may apply to the rural land contract arbitration institution for arbitration, or may file a lawsuit in the people's court.

Article 55 of the Rural Land Contracting Law of the People's Republic of China Where disputes arise due to land contracting and operation, the parties may resolve them through negotiation, or may request mediation by villagers' committees and township (town) people**. If the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may apply to the rural land contract arbitration institution for wild code arbitration, or they may directly file a lawsuit with the People's Court.

Legal analysis: the village planning homestead focuses on the location and approximate size, as for how to build a house is the decision of the masses and the decision of consultation, the principle of the state is that the masses have no opinions, can build a house in accordance with customs and habits, once there is an objection, it is a high can only be built within the scope of their own homestead.

Legal basis: Land Management Law of the People's Republic of China

16th land ownership and use rights disputes, by the parties to negotiate and settle; If the negotiation fails, it will be handled by the people.

Article 14 Farmers who are contracted to operate land have the obligation to protect and rationally use their land according to the purposes agreed upon in the contract. Peasants' right to contract and manage land is protected by law. During the term of land contracting, appropriate adjustments to the land contracted between individual contractors must be approved by more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives, and reported to the township (town) people's and county-level people's agricultural administrative departments for approval.